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Bosnia and Herzegovina the Court of Bosnia And THIS VERDICT SHALL BOSNIA AND HERZEGOVINA BECOME FINAL ON 19 THE COURT OF BOSNIA AND November 2010 HERZEGOVINA PRESIDENT OF THE PANEL S A R A J E VO JUDGE Criminal Division Goran Radević Section II for organized crime, economic crime and corruption Number: S1 2 K 003556 10 K ( Ref. X-K-08/511 ) Sarajevo, 19 November 2010 IN THE NAME OF BOSNIA AND HERZEGOVINA! The Court of Bosnia and Herzegovina, Criminal Trial Panel composed of Judge Goran Radević, as the President of the Trial Panel, and Judges Anđelko Marijanović and Fejzagić Esad as the members of the Panel, with the participation of the Legal Officer/Advisor Mirela Gadžo as the Record-taker, in the criminal case against the Accused DARIO BUŠIĆ from Sarajevo, following the Indictment of the Prosecutor's Office, number KT-191/07 of 4 January 2010, confirmed on 12 January 2010, filed for the grounded suspicion that he committed the criminal offense of Abuse of Office or Official Authority in violation of Article 220(3), in conjunction with paragraph 1 of the Criminal Code of BiH, which case was, pursuant to Article 26 of the Criminal Procedure Code (CPC BiH,) separated by the decision of Trial Panel held on the trial of 19 November 2010 from the case against the Accused NIKOLA ŠEGO, MIRKO ŠEKARA, ENIS AJKUNIĆ and RADOVAN DRAGAŠ, charged under the same Indictment of the Prosecutor’s Office of BiH with the same criminal offense, after the oral and public main trial attended by the Prosecutor of the Prosecutor’s Office of BiH, Dubravko Čampara, the Accused Dario Bušić and his Defense Counsels, Ekrem Galijatović and Maida Galijatović, lawyers from Sarajevo, rendered and publically announced on 19 November 2010 in the presence of the parties and Defense Counsels the following VERDICT IN REFERENCE TO THE ACCUSED: BUŠIĆ DARIO, son of Mile and Zora, nee Martinović, born on 17 April 1970 in Sarajevo, Croat by ethnicity, citizen of Bosnia and Herzegovina, married, father of one minor child, completed university, a graduate engineer of transport, employed with the Ministry of Communication and Traffic of Bosnia and Herzegovina as the Head of the Section for Road and Railway Transport, JMBG /Personal Identification Number/ 1704970172654, no previous conviction, no criminal proceedings pending against him, residing in Sarajevo at Aziza Šaćirbegović St. No. 88, Pursuant to Article 283(1) b) of the Criminal Procedure Code of BiH THE CHARGES ARE DISMISSED THAT HE: In the period between 25 October 2006 and 10 January 2007, as an official and responsible person in the institutions of Bosnia and Herzegovina, with a view to acquiring material gain to another, took advantage of his office, that is, exceeded the limits of his official authority inasmuch as he, as the official and responsible person in the Ministry of Communications and Transport, in terms of Article 1(3) (4) of the Criminal Code of Bosnia and Herzegovina, in conjunction with Article 28(4) of the Law on International and Inter-Entity Road Transport (Official Gazette of BiH, number 1/02), and Article 17(3) and (4) of the Rulebook on Criteria, Procedure and Method of Allocation of Foreign Permits for Cargo Transport to Local Carriers (Official Gazette of BiH, number 35/02) and Decision of the Minister of communication and transport number 01-07-8-3712/06 dated 25 October 2006, in the capacity as a member of the Commission for CEMT Permits Allocation of the Ministry of Communications and Transport of Bosnia and Herzegovina (hereinafter: the Commission), with the view to acquiring gain to the chosen legal entities - the carriers in Bosnia and Herzegovina, participated as a member of the Commission in rendering the Decision on allocation of the CEMT permits to the name of 247 legal entities from the territory of Bosnia and Herzegovina, and in a manner that, based on the pre-arrangement made with the other members of the Commission consisting of Nikola Šego, as the President, and Mirko Šekara, Enis Ajkunić, Radovan Dragaš, Ekrem Spahić and Selim Kopić, as the members of the Commission, they divided the legal entities- the carriers, applying the “ethnic key”, to “Bosniaks”, “Serbs” and “Croats ”, so that: The Accused Dario Bušić participated in consideration of the requests and decision making on the allocation of the CEMT permits to “Croat” carriers, as follows: Štreka Odžak, Frigo Transport Stolac, Gorja Transport Žepče, Niko Jajce, Peco Posušje, Danica & Co Ljubuški, Trans Reno Žepče, Ferotom Kiseljak, Metalija Komerc Široki Brijeg, Branex Busovača, Primorka Široki Brijeg, Nobil Trans Nova Bila, Is Čapljina, ZDP Transport Čapljina, Transport Vila Kupres, Regi Comerc Livno, Boreas Kreševo, GR prijevoz Ljubuški, Baracuda Široki Brijeg, Baja Ljubuški, Bašić Trans Kiseljak, Euro part HB Mostar, PTP Mikron Tešanj, Nevistić komerc Tomislavgrad, TiOil Vitez, Viza Trans Čitluk, AB Transport Ljubuški, Jurin Comerc Kreševo, MTS šped Usora, Transport Gavran Ljubuški, Dumi šped Livno, Zovko transporti Žepče, Miv Grude, Tomi promet Livno, Mepas Široki Brijeg, Trans Alpina Široki Brijeg, Fruit Trans Široki Brijeg, Mil Trans Široki Brijeg, Transporti Man market Kupres, Polić Trans Posušje, Lio Trans Široki Brijeg, Čuljak Transeuro Grude, Vib Trade Gornji Vakuf, Verdić Commerce Posušje, Matuka Exp – Imp Novi Travnik, Buba Commerce Vitez, Cija Čitluk, Vila šped Vitez, Autoprevoz Ter. Pro. Mostar, Mip promet Posušje, Auto- Odak Čitluk, Exnam Mostar, Kristal Vitez, Šiš prijevoz Posušje, Grafotisak Grude, RPM Glob Trade Ljubuški, Đeka prijevoz Čitluk, Biljak Trans Travnik, Fis šped Vitez, Keš Mostar, Lubovo Posušje, Bip Commerce Posušje, Eurotranzit Čapljina, Interkomerc Mostar, Sab Busovača, Dragoje Mostar, MLM Travnik, Krndelj Čitluk, Transkop Tuzla, Šakić promet Kiseljak, Mustapić Frigo Široki Brijeg, Sloga-S Žepče and Comerc Prodex Grude, 2 thereafter, he, together with the other members of the Commission, merged three separately made lists of the legal entities-carriers for allocation of the CEMT permits into one final list which they unanimously accepted and signed, without making an insight of the Commission members in one group into legality of work of the other Commission members, as well as without checking whether the carriers, that is, the legal entities from the other two groups met the requirements for allocation of the “CEMT” permits. In this manner, he participated and provided for issuance of the CEMT permits to 247 legal entities in Bosnia and Herzegovina, although he knew or he could have known that such manner of allocation of the CEMT permits was contrary to Article 3 and 17 of the Rulebook on Criteria, Procedure and Method of Allocation of Foreign Permits for Cargo Transport to Local Carriers (Official Gazette of BiH, number 35/02) and Rules of Procedure of the Commission, as well as that 128 out of 247 legal entities which were allocated the CEMT permits did not meet the requirements referred to in Article 19 of the aforementioned Rulebook and the requirements stated in the Notice for Submission of the Requests dated 18 October 2006 and that no single permit was allocated to 23 out of the total number of 446 legal entities submitted the requests, although they were meeting all the necessary requirements for allocation of 31 CEMT permits. By doing so, he participated in acquiring the gain for the legal entities which did not meet legally stipulated requirements and which were allocated the CEMT permits, in a form of a gain that the legal entities had from annual income earned based on the allocated CEMT permits for the transport services rendered in Bosnia and Herzegovina- bilateral transport and transport services rendered abroad– transport among the CEMT member countries, in 2007. Thus, the Accused Dario Bušić participated in acquiring the gain in the amount not less than KM 9,589,184.00 of income stated in the books, that is, KM 330,270.67 of the profit from bilateral transport stated in the books, and the gain from the transport services rendered among the CEMT member countries, which includes the following legal entities: 1. Boreas d.o.o – Kreševo, KM 1,134,286.00 of income, that is, KM 37,469.13 of profit and having 17 runs among the CEMT member countries, 2. Buba commerc – Vitez, KM 794,946.00 of income, that is, KM 7,216.37 of profit and having 25 runs among the CEMT member countries, 3. Ti-Oil d.o.o. – Vitez, KM 225,021.00 of income, that is, KM 486.29 of profit and having 10 runs among the CEMT member countries, 4. Feroton d.o.o – Kiseljak, KM 31,088.00 of income, that is, KM 286.39 of profit and without having any runs among the CEMT member countries; 5. Kristal d.o.o – Vitez, KM 33,240.00 of income, that is, KM 4,300.50 of profit and without having any runs among the CEMT member countries; 6. Lašva komerc – Nova Bila, KM 2,170.00 of income, that is, KM 2.91 of profit and without having any runs among the CEMT member countries; 7. Transkop d.o.o – Tuzla, KM 2,589,930.00 of income, that is, KM 129,494.65 of profit and having 83 runs among the CEMT member countries, 8. M.T.S. Šped d.o.o – Usora, KM 160,012.00 of income, that is, KM 13,987.70 of profit and having 17 runs among the CEMT member countries, 9. Tomi promet d.o.o – Livno, KM 0.00 of income, that is, KM 0.00 of profit and having 138 runs among the CEMT member countries, 10. Dumi šped d.o.o – Livno, KM 623,028.00 of income, that is, KM 42,938.23 of profit and having 116 runs among the CEMT member countries, 11.
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